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In case of
parties, wh shall use
Death, re. In case of death, resignation or removal of any candidate removal of subsequent to nomination a supplemental certificate of nomadidates. ination may be filed by the proper officers of the State,
county, district or hundred committees. In case of a divi. division and factions in sion in any party and claim by two or more factions to the
who same party name or title, figure or device, if the division ocparty figure curs at a State convention, or extends throughout the State,
the Clerks of the Peace of the several counties shall, within ten days after any one of them has received the certificates of the contending factions, assemble in the office of the
Clerk of the Peace at Dover and determine which faction the How de. name, title or figure properly belongs to, giving the preference
to the convention held at the time and place designated in the call of the regularly constituted party authorities; and if within five days thereafter the other faction shall present no other party name or title, figure or device and certify the same to the Clerks of the Peace the latter shall again immediately assemble and select some suitable title figure or device for said faction and the same shall be placed above the list of their candidates on the ballots. If the certificate of the contending factions shall not be received by the Clerks of the Peace in tỉne for them to assemble at Dover before publishing the device and list of candidates in the newspapers, then and in that case each Clerk of the Peace shall determine for himself which faction shall be entitled to the name, title, figure or device and shall select a name, title, figure or device for the other faction. Provided that in case of division in any party extending only throughout a county, district or hundred, the Clerk of the Peace of the County in which such division occurs upon the receipt of certificates from the conteuding factions shall determine which faction is entitled to the party name, figure or device and to have their nominations printed in the proper party column, and should the other faction fail to do so the Clerk of the Peace shall select
for them a name or title, figure or device. Clerk of the SECTION 5. The Clerks of the Peace of the several
f: counties shall cause to be preserved in their respective offices tificates of all certificates of nominations filed under the provisions of
this act for six inonths after the date of the filing thereof.
Peace to preserve all cer
Time of filing certifi.
SECTION 6. Certificates of nominations herein directed to be filed with the Clerks of the Peace shall be filed not less than twenty days before the day fixed by law for the election of the persons in nomination.
each of suchade in two newided, that i
from publi. ·cation and
from the ballots.
SECTION 7. At least ten days before an election to fill Publication any public office the Clerk of the Peace of each county shall tions. cause to be published in at least two newspapers within his county the nominations to office certified to him as directed in Section 4. He shall make no less than two publications in each of such newspapers before election. Such publica- In what tions shall be made in two newspapers representing the two published. principal political parties. Provided, that in all cities where a daily newspaper is published such notice shall also be published in two daily papers representing such political parties, if such there be. The lists of nominations published by the ArrangeClerk of the Peace shall be arranged as far a practicable in inations for the order and form in which they will be printed upon the ballots and shall designate the devices under which the lists of candidates of each party will be printed. The Clerk of What nomi: the Peace shall not include in the publication to be made ac- be excluded cording to this section the name of any candidate whose cer-ta tificate of nomination shall have been filed in his office who shall have notified him in writing duly signed and acknowledged that he will not accept the noinination. The names of such candidates shall not be included in the names of the candidates to be printed on the ballot as hereinafter provided.
SECTION 8. The Clerk of the Peace in each county shall Clerks of the cause the names of all candidates to be voted for in his print ballots. county and the several hundreds or districts in the same to be printed in parallel columns on one ballot, all nominations of any party being placed under the title and device of such party as designated by its authorized agent or agents in the certificate or certificates; or if none be designated under some suitable title and device to be selected by the Clerk of the Peace. The ballots shall be of uniforin size and of the same Size, form, quality and color of paper and sufficiently thick that the color of bal. printing cannot be distinguished from the back. The lots. arrangement of the ballot shall in general conform as nearly as possible to the plan hereinafter given and the device named and chosen and the list of candidates of the Democratic party shall be placed in the first column on the left hand side of said ballot; of the Republican party in the second column and of any other party in such order as the Clerk of the Peace shall decide.
ation, pasters, ctc.
using such pasters,
Death, re- SECTION 9. In case of the death, removal or resignation signation of of any candidate after the printing of such ballots and before
has such election, it shall be lawful for the chairman of the State, ing of ballots county, hundred or district political organization by which
such candidate was nominated to make a nomination to fill such vacancy and to provide the election officers of each
election district in which such candidate is to be roted for New nomin- with a number of pasters containing only the name of such
candidate at least equal to the number of ballots provided for each election district, but no pasters shall be given to or
received by any one except such election officers and such Duty of chairman, and it shall be the duty of the clerks of election election in to put one of such pasters in a careful and proper manner
ch and in the proper place in each ballot before they shall sign
their initials thereon. Printer of SECTION 10. If the printer of such ballots or any person low no ball employed in printing the same shall give or deliver or
knowingly permit to be taken any of said ballots by any nor to print person other than the Clerk of the Peace for whom such
ballots are being printed or shall print, or cause or permit to be printed any ballot in any other form than the one prescribed by this act or with any other names thereon than those authorized by the Clerk of the Peace or with the naines spelled or the names or devices thereon arranged in any other way than that authorized and directed by the said Clerk of the Peace, he shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than one hundred dollars nor inore than five hundred dollars, or be imprisoned in the county jail not less than one nor more than
five years or both at the discretion of the Court. Number of SECTION II. The Clerk of the Peace in each county printed. sliall cause to be printed within the State of Delaware in the
ballots to al.
lots to be taken out,
in any other form.
form hereinbefore provided four ballots for every voter in each hundred or election district in his county, and the number of voters shall be ascertained in each hundred or Number of election district by reference to the highest number of votes voters; how polled therein at any preceeding election with due allowance for any estimated increase thereof. If a new election district has been established in his county the number shall be estimated by said Clerk of the Peace according to the best information he can obtain.
The Clerk of the Peace shall cause the ballots for each Packages of hundred or election district to be carefully wrapped and tied in two packages each containing the same number of ballots, which packages shall be plainly marked and securely sealed with wax.
The Clerk of the Peace in each county shall also provide Stamp. and enclose in each of said sealed packages one stamp for every three hundred ballots contained in the package, bearing a (*) or such other device as he may select together with ink pads or other necessary apparatus ready for use.
SECTION 12. It shall be the duty of each inspector of Duty of Inelection outside of the city of Wilmington to appear at the spection to office of the Clerk of the Peace of his county on the day appear at the preceding the election before the hour of three o'clock in the Clerk of the afternoon and the Clerk of the Peace shall deliver to him one ceive ballots of the sealed packages of ballots and stamps for his hundred fore or election district and the said inspector shall safely keep To keep safe the said package and produce the same at the place of election and at the time of the opening of the election, provided, however, that in case there shall be a vacancy in the office of Failure of any inspector on the day preceding the election or any in- to call for spector for any cause shall not apply to the proper Clerk Clerk of the of the Peace for the package of tickets printed for his hun- Peace to dedred or election district by the hour of three o'clock in the whom. afternoon of the day preceding the election the said Clerk of the Peace shall deliver said package to some trusty person who shall deliver it on the day of the election to the inspector of election of such hundred or election district at the place of election and immediately upon the qualification of the election officers.
In the city of Wilmington it shall be the duty of the To whom President of the Department of Elections or in case he can- livered in not attend some other member of the Department of Elec- Wilmington.
Peace to re
on day le
the city of
tions authorized in writing by the President of the Department of Elections to appear at the office of the Clerk of the Peace of New Castle county on the day preceding each election on or before the hour of three o'clock in the afternoon and the said Clerk of the Peace shall deliver to him one of the sealed packages and stamps for each election district in the city of Wilmington. And the said department of elections shall safely keep the same and deliver to each board of election officers at the polling place on the day of the election at the time provided by law for the delivery of the ballot boxes the ballots intended for their several and
respective districts. Penalty of SECTION 13. Any inspector or any other election officer cer or other or any other person whatever who shall break any package
containing ballots and stamps or take any ballot therefrom, package or suffer the same to be done by another, before the opening ballots, etc., of the election shall be deemed guilty of a misdemeanor and ing of elec- upon conviction thereof by indictment shall be fined not less
than three hundred dollars nor, more than five hundred dollars and may at the discretion of the court be imprisoned for a terın not less than one year nor more than two years.
Loss or dir- SECTION 14. If by any accident or casualty the ballots ballots. delivered to any inspector or other person by any Clerk of
the Peace shall be lost or destroyed it shall be the duty of such person having such packages in his custody to report the loss at once to the Clerk of the Peace from whom the
saine were obtained and make affidavit of the circuinstances New supply 01
ly of the loss whereupon such Clerk of the Peace shall at once
re-supply such person. In case such person having in custody said package fails or refuses to report and make proof of the loss, any qualified elector may do so, and thereupon
such Clerk of the Peace shall at once send a new supply by In case elec- some trusty person as provided in other cases. In case, for find no bal. any reason, there should be found no ballots or other necessary
ans means or contrivances for voting, at the opening of the elecelection. tion it shall be the duty of the election officers at such
election place to secure the same as speedily as possible, and, if necessary, such election officers shall have ballots printed or written; provided, however, that such ballots shall conform as nearly as possible to the official ballots and the printing and the preparation and the care of the same shall be under the same provisions and penalties as the printing and the care of the other ballots prescribed in this act.
lots or means ot voting at
ossible to rever, that sud have ballos